John McKeown – Goldman Sloan Nash & Haber LLP

480 University Avenue, Suite 1600
Toronto, Canada , Ontario M5G 1V2, Canada

  • 416-597-3371

Protecting Publicity Rights by Claiming Passing Off

A recent decision of U.K Chancery Division allowed an action by Rihanna relating to a claim of false endorsement resulting from the sale of a garment bearing an image of her. …more
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Cautions Concerning Choosing a Descriptive Trade Mark

Backrack Inc. filed an application for the trade mark BACKRACK based on use in Canada since at least 1989 in association with:…more
| Intellectual Property

Cautions Concerning Choosing a Descriptive Trade Mark

Backrack Inc. filed an application for the trade mark BACKRACK based on use in Canada since at least 1989..…more
| Intellectual Property
The Arrival of Technical Protection Measures

The Arrival of Technical Protection Measures

While critics of technological protection measures have raised concerns with respect to privacy and other issues Parliament has made the policy choices and any issues will now have to be dealt with on a specific basis as the…more
| Intellectual Property

TRADE-MARK GENERICISM

A recent decision of the US Trademark Trial and Appeal Board (“TTAB”) made interesting comments concerning whether the trade-mark applied for was generic…more
| Intellectual Property

INFRINGEMENT OF DESIGN TRADE MARKS

A recent decision of the High Court of Justice in the United Kingdom provides some useful comments concerning the infringement of design trade-marks…more
| Intellectual Property

WHAT BRAND OWNERS NEED TO DO TO COPE WITH THE NEW DOMAIN NAMES AFTER REVEAL DAY

This article is part of a continuing series dealing with what brand owners need to do to protect their brands. While the best course of action for each brand owner will vary widely, there are some basic steps that should be…more
| Intellectual Property
Harmony Consulting Ltd. v. G .A. Foss Transport Ltd. 2011 FC 340, 92 C.P.R. (4th) 6 (F.C.)

BACK-DATED COPYRIGHT ASSIGNMENTS

Back-dated or retroactive copyright assignments are quite common. However, in a recent Canadian case a Judge of the Federal Court was not prepared to accept the assignment on its face…more
| Intellectual Property

BAM!

A recent decision of the Trade-marks Opposition Board illustrates the care that must be taken in determining the positions to be taken in response to an opposition…more
| Intellectual Property

Online Trademark Use

A recent decision of a United Kingdom court considered whether the defendant’s use of the plaintiff’s trade-marks on the defendant’s websites, allegedly operating from Florida, constituted “use” of the trade-marks in the United…more
| Intellectual Property

CHAMPAGNE DOMAIN NAMES

A recent decision under the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), deals with unregistered rights in the CHAMPAGNE mark which, it was asserted, were protectable in the United Kingdom under the common law…more
| Intellectual Property

The Distinctiveness Of A Trade-Mark is not Static

A recent decision of the Trade-marks Opposition Board shows how the distinctiveness of a trade-mark can change and affect the outcome of an opposition…more
| Intellectual Property

An Ethical Dilemma

A recent decision (Varco Canada Limited v. Pason Systems Corp. 2011 FC 467 (F.C.)) of the Federal Court deals with the ethical dilemma that counsel for the plaintiff found themselves in relating to evidence that had been…more
| Intellectual Property

The Edible Play Dough

A recent judgement of the High Court of the United Kingdom illustrates the problems relating to launching a new product and an interesting application of the principles relating to trade-mark infringement…more
| Intellectual Property

BC-BUD

A recent decision of the Trade-marks Opposition Board gave effect to the fame of the “BUD” mark…more
| Intellectual Property
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